繁體中文 English
About LCP Attorneys Information Welcome
 
How to Prevent and Handle Stowaways
 
  Arbitration - Taiwan - Overview
 
  Supreme Court Confirms Validity of Pre-arbitration Procedure Provisions
 
  Arbitral Awards Cannot be Vacated for Insufficient Reasoning
 
  Grounds for Vacation of Arbitral Award Must be Spelled Out from the Outset
 
  Awards Cannot be Vacated for Improper Application of Statutory Provisions
 
  Corporate Governance ~ Focus on the Comparison of Independent Directors under American Corporate System and Supervisors under Taiwanese Corporate System
 
How to Prevent and Handle Stowaways
  By Josephine J. F. Liu
 

BEFORE ENTERING PORT

  1. Have formal plans for prevention of stowaway entry on board and stowaway search upon departure from ports where there is a risk that stowaways may have boarded (not passenger ships).
  2. Brief crew on the risk of stowaways and the need for their co-operation in reporting anything abnormal.
  3. Check security equipment, close-circuit television, alarms and locks.
  4. Check procedures to ensure that there is a reliable watchman on duty at any access which has to be open in port and that this watchman knows what to do if visitors, repairmen, stevedores, etc., wish to come on board.  The simple rule is: “no unauthorized person gets on board, and all authorized people get off before sailing.”
  5. Check to see that all locks are locked and that those places which can not be locked are sealed with tamper-proof seals or wire seals.

IN PORT

  1. In addition to the crew’s maintaining a gangway watch throughout the ship’s stay in port to prevent unauthorized persons boarding, a pass or tally system should be employed to check that all authorized persons have left the ship.
  2. If possible, have two watch-keepers per entrance or alternatively, recruit local guards, or to arrange for the temporary attachment to the ship of a professional maritime security officer.
  3. Use passes which are numbered, colored or otherwise marked so to avoid repetition of use.  Passes should be retrieved when visitors get off so that, provided control at the access points is firm, it will be known in case someone has not disembarked.  If the Master feels he can expand on this simple system, then before the pass is issued, the name of the visitor can be noted against its number, proof of identity obtained and kept at the gangway.
  4. Lock all doors, hatches and means of access to the vessel while in port.  Keep access points to a minimum and secure them.  Secure areas seawards.  Keep adequate deck watch.  Maintain adequate lighting at night, inside and along the hull. 

DURING CARGO OPERATIONS AND PRIOR TO DEPARTURE

  1. Random patrols, which are continually on the look out for people in unusual areas, should supplement the access watches.
  2. Lock all doors, rooms and holds without hampering cargo operations.  Where locks are not considered appropriate, tamper-proof seals and wire seals can be used, since these demonstrate that an entry has been made in case they are broken.  This is an advantage when looking for stowaways.
  3. Undertake a proper, systematic and extensive search of all parts of the vessel shortly before the vessel sails and, if possible, with the use of dogs.  Divide the vessel into areas, e.g., accommodation, engine room, main deck, cargo compartments, and delegate responsibility for searching each area to especially assigned crew members.  Any search conducted must be carried out in accordance with the vessel’s own search list.
  4. To reduce the time required for the final stowaway searches, cargo spaces and access spaces should be thoroughly searched after cargo operations are completed and then locked or sealed.  A subsequent check of the seal would show if anyone had attempted to enter the space.
  5. If possible, carry out a second search.  Stowaways, who remain undiscovered during the first search, are often taken off their guard by a second search and reveal their hiding places.  The Master can then make the necessary arrangements with the port authorities for the stowaways to be returned ashore before the vessel leaves port.
  6. To ensure a stowaway search is carried out thoroughly, an organized method utilizing a list of spaces to be checked should be used (Stowaway Search Check List).

AFTER DEPARTURE AND DURING THE VOYAGE

  1. After departure, it is advisable to stop the vessel while still within port limits to carry out a second systematic and extensive search of all parts of the vessel including the stores and, if possible and accessible, the cargo holds.  It may be easier to land stowaways found before the vessel has left territorial waters.
  2. All the measures taken should be properly recorded in the vessel’s log to evidence to the immigration authorities that all proper precautions were taken.
  3. The discovered stowaways should be placed in a locked cabin, guarded if possible and provided with adequate food and water to remain healthy.  The stowaways should not be allowed to roam freely about the vessel.  When more than one stowaway is found, they should preferably be detained separately.  The Master and crew should act firmly but humanely.  Crew members should be advised never to befriend stowaways.
  4. Stowaway should not be put to work on board.  When working they will be at an increased risk of sustaining injuries which may entail significant medical expenses and even claims for compensation.  Moreover, many stowaways are unpredictable and may represent a safety hazard if put to work.  Some shipowners have also faced claims for wages, which have caused additional problems in connection with the repatriation process.
  5. Video evidence of the treatment of the stowaway should be taken during the course of the voyage.
  6. The place where the stowaway was found should be searched for further stowaways and any documents left behind.
  7. The place where the stowaway was found should be photographed or video taken.

REPATRIATION

  1. Once stowaways have been found, one should focus on the possibilities of repatriation.  A report should be sent as quickly as possible to the shipowner, the P&I Club and the agents at the last port of call.
  2. Notify the correspondent and the vessel’s agents in the next port of call or the port of embarkation.

EVIDENCE TO BE COLLECTED

  1. Date, vessel’s time, UTC (Co-ordinated Universal Time) and port where stowaway came on board;
  2. Date, vessel’s time, UTC and location the stowaway was discovered on the vessel;
  3. Place/location where the stowaway hid;
  4. Duration the stowaway was concealed;
  5. Physical condition of the stowaway;
  6. Date, vessel’s time, UTC and position of the vessel when the stowaway was discovered;
  7. Was there a gangway watch at the port where the stowaway embarked;
  8. Names and ranks of those on the watch when the stowaway boarded;
  9. Were guards employed at the port where the stowaway embarked and details of the company;
  10. Was any search carried out prior to departure, details of its extent, who was involved and the results thereof;
  11. Were any stowaways found during the search, how many, location where they were found and where delivered ashore;
  12. Records of the stowaway’s treatment during the voyage, e.g. frequency and types of meals, accommodation, times allowed out and sanitary arrangements.
 
   
地址: 103 台北市大同區民權西路104號7樓之1。 Tel: 886-2-2557-3036 Fax: 886-2-2557-3035
Copyright © 2011 Liu , Chang & Partners . All Rights Reserved